Challenging the Lockdown … At Long Last By Ian Wilson LL.B

     At long last, a legal challenge to the Victorian stage 4 lockdowns. And, it is about time too; whatever took them so long?

“A legal challenge to Victoria’s curfew and public health order has been launched in Victoria’s Supreme Court. The action has been brought by a struggling restaurateur on the Mornington Peninsula, who argues Melbourne’s harsh lockdown is illegal. Michelle Loielo is seeking to have the city’s curfew overturned on the grounds it is in breach of the Universal Declaration of Human Rights. The curfew originally required people to stay home between 8pm and 5am but was pushed back to 9pm from Monday. The single mother, whose husband died from cancer last year, claims the curfew violates her right to freedom, liberty and security.”    

     I am not certain how a human rights challenge will go here, but is certainly worth a try. I believe that this lockdown has shown the clear limits, if not flaw, in our entire legal framework, where there is no, or utterly minimal, protection against government tyranny. I have argued that the fault lies in the Australian constitution, but, it is a matter of faith for flag-waving conservatives that the constitutional convention came up with the best constitution in the world, while I see it as a mere enabling document, that mistakenly assumed that the courts would protect our rights, when they have done exactly the opposite. We are living in threatening times, and there is no room to keep eating the roses of illusion. Cold, bitter truths need to be faced, or extinction cometh.




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Friday, 19 July 2024

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